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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 2020 NY Slip Op 00652
Regular Panel Decision
Jan 30, 2020

Matter of Froehlich v. New York State Dept. of Corr. & Community Supervision

Petitioner Jason Froehlich, a correction sergeant, was injured while attempting to subdue a combative parolee. Following a year of workers' compensation leave, his employment was terminated by respondent, New York State Department of Corrections and Community Supervision, pursuant to Civil Service Law § 71. Froehlich argued he was entitled to a two-year leave of absence, asserting his injuries resulted from an assault during employment. Respondent denied this, defining "assault" as an intentional physical act of violence directed toward an employee, and found no evidence the parolee intentionally directed violence at Froehlich. The Supreme Court dismissed Froehlich's CPLR article 78 petition. The Appellate Division, Third Department, affirmed the judgment, concluding that respondent's definition of assault was rational and its application to the facts, finding no intentional physical act directed at Froehlich, was also rational. A dissenting opinion argued that the inmate's actions, under respondent's own definition, constituted an assault.

Civil Service Law § 71workers' compensation leavedisability leaveassault in employmentintentional physical act of violenceCPLR article 78 proceedingadministrative determinationrational basis reviewarbitrary and capriciouscorrection sergeant
References
7
Case No. 2021 NY Slip Op 01459 [192 AD3d 1292]
Regular Panel Decision
Mar 11, 2021

Matter of Morales (New York State Dept. of Corr. & Community Supervision)

Samuel Morales, a correction sergeant, was injured while restraining an inmate who had attempted to punch him, subsequently being placed on workers' compensation leave. His employment was terminated after one year by the New York State Department of Corrections and Community Supervision, arguing his injury did not result from an 'assault' as per Civil Service Law § 71, thus denying him a two-year leave. Morales challenged this in a CPLR article 78 proceeding, initially dismissed by the Supreme Court. The Appellate Division, Third Department, reversed, ruling that the inmate's attempted punch constituted an 'intentional physical act of violence directed toward an employee,' meeting the assault definition for § 71 eligibility. The court found the respondent's determination arbitrary, capricious, and affected by an error of law, clarifying that the statute requires disability 'resulting from' an assault, not 'directly caused' by it.

Workers' CompensationCivil Service Law § 71AssaultLeave of AbsenceCorrection SergeantInmate AltercationEmployment TerminationCPLR article 78Statutory InterpretationArbitrary and Capricious
References
7
Case No. MISSING
Regular Panel Decision

In Re the Arbitration Between Virginia Livermore-Johnson & New York State Department of Corrections & Community Supervision

Petitioner, a Supervising Offender Rehabilitation Coordinator for the Department of Corrections and Community Supervision (DOCCS), faced suspension and termination for allegedly disclosing confidential information to her parolee husband. Her disciplinary grievance proceeded to arbitration, where the arbitrator ordered her reinstatement with back pay, finding DOCCS failed to prove probable cause for suspension and did not establish guilt on all aspects of the charge. When DOCCS refused to reinstate her, petitioner sought to confirm the award in Supreme Court. The Supreme Court denied her application and granted DOCCS's cross-motion to vacate the award. On appeal, the Appellate Division affirmed the Supreme Court's vacatur. The appellate court found the arbitrator's interim decision regarding probable cause was irrational and exceeded his authority. Furthermore, the Appellate Division concluded that the arbitration award, which would have reinstated petitioner without penalty despite her admission of accessing and sharing confidential DOCCS information with a parolee, violated a strong public policy against such disclosures, as outlined in Public Officers Law § 74 and DOCCS's own directives. Consequently, the award was properly vacated.

Arbitration Award VacaturPublic Policy ViolationConfidential Information DisclosureDepartment of CorrectionsEmployee DisciplineCollective Bargaining AgreementArbitrator AuthorityJudicial ReviewState Employee MisconductAdministrative Law
References
15
Case No. MISSING
Regular Panel Decision

Cuartas v. Kourkoumelis

The plaintiff was injured at a construction site on property owned by defendant Tomis Kourkoumelis when a manhole cover fell on his foot. The plaintiff and a co-worker were attempting to open the manhole cover with a crowbar. The plaintiff alleged Kourkoumelis directed him to clean debris from the retention tank. The Supreme Court denied Kourkoumelis's cross-motion for summary judgment regarding Labor Law § 200 and common-law negligence, finding issues of fact about his supervision and control. The appellate court reversed the decision, stating there was no evidence of a dangerous condition with the manhole cover and Kourkoumelis's instruction did not demonstrate direction or control over the plaintiff's work. The court emphasized that landowner liability requires exercising supervision and control over the work or actual/constructive notice of a dangerous condition, or directing the manner of work, not just general supervisory authority. Consequently, the cross-motion was granted, and the complaint was dismissed against Tomis Kourkoumelis.

Construction AccidentLabor LawPremises LiabilitySummary JudgmentCommon-Law NegligenceOwner LiabilitySupervision and ControlDangerous ConditionAppellate ReviewPersonal Injury Damages
References
6
Case No. 2021 NY Slip Op 01818 [192 AD3d 1426]
Regular Panel Decision
Mar 25, 2021

Matter of Jennings v. New York State Dept. of Corr. & Community Supervision

Petitioner, a correction officer, sustained injuries while restraining an inmate, leading to her being placed on workers' compensation leave. After one year, the New York State Department of Corrections and Community Supervision (respondent) terminated her employment, denying her request for a two-year leave of absence under Civil Service Law § 71. Petitioner then commenced a CPLR article 78 proceeding, arguing her statutory entitlement to the extended leave due to an inmate assault and challenging respondent's definition of assault as too restrictive. The Supreme Court dismissed her application. The Appellate Division affirmed the judgment, upholding respondent's narrower interpretation of

Workers' CompensationLeave of AbsenceCorrection OfficerInmate AssaultCivil Service LawCPLR Article 78Statutory InterpretationAdministrative ReviewArbitrary and CapriciousDisability
References
6
Case No. 2023 NY Slip Op 03962 [218 AD3d 1096]
Regular Panel Decision
Jul 27, 2023

Matter of Brooks v. New York State Dept. of Corr. & Community Supervision

Petitioner, a captain for the New York State Department of Corrections and Community Supervision, was terminated after an investigation revealed he engaged in sexually explicit text message exchanges while on duty. He challenged the termination, arguing lack of substantial evidence for misconduct and disproportionality of the penalty. The court found substantial evidence supported the misconduct findings, rejecting his procedural arguments regarding the warrant and subpoena. However, considering his 21 years of service, strong evaluations, and expressed remorse, the court found the penalty of termination disproportionate and remitted the matter for consideration of a less severe penalty. A dissenting opinion argued the termination was justified due to the severe nature of the conduct in a leadership role.

Employment TerminationMisconductCivil Service LawCPLR Article 78Disciplinary HearingSexual MisconductWorkplace PolicyAdministrative PenaltyAppellate ReviewProportionality of Penalty
References
34
Case No. 2020 NYSlipOp 01424
Regular Panel Decision
Feb 27, 2020

Matter of Spratley (New York State Dept. of Corr. & Community Supervision)

Petitioner Wayne Spratley, a correction officer, was suspended without pay and terminated after an off-duty drunken altercation, despite later being acquitted of criminal charges. An arbitrator upheld his termination but granted him full back pay, deeming his suspension retroactively invalid. Spratley sought to confirm this arbitration award, while the New York State Department of Corrections and Community Supervision (DOCCS) cross-moved to partially vacate it. The Supreme Court confirmed the award in its entirety. On appeal, the Appellate Division, Third Department, found that the arbitrator exceeded his authority by awarding back pay, as the collective bargaining agreement (CBA) did not provide for such a retroactive invalidation of an interim suspension. Consequently, the Appellate Division modified the Supreme Court's order, vacating the back pay award, and affirmed the order as modified.

Arbitration AwardPublic Sector EmploymentCollective Bargaining AgreementInterim SuspensionBack Pay DisputeArbitrator's AuthorityDisciplinary ActionCriminal AcquittalCPLR Article 75Appellate Review
References
5
Case No. MISSING
Regular Panel Decision
Jul 27, 2009

Ciccone v. Ciccone

In a visitation proceeding, the father appealed an order from the Family Court, Kings County, which granted the mother’s petition for supervised visitation with their daughter. The Family Court's decision was affirmed on appeal. The court found that despite the mother's history of mental health problems and a past admission of physically abusing an adult son, her condition had significantly improved through voluntary mental health treatment and she showed remorse. The decision to award monthly supervised visits was supported by a court-appointed forensic psychologist, a social worker who supervised visits, and the attorney for the child. The Family Court also considered a finding of a family offense against the mother but determined it did not establish that supervised visitation would be detrimental to the child's welfare, especially since experts reported the mother acted appropriately with the child during visits.

Visitation rightsFamily lawChild custodyParental rightsSupervised visitationMental healthParental fitnessBest interest of the childAppellate reviewEvidentiary basis
References
9
Case No. 2020 NY Slip Op 03167
Regular Panel Decision
Jun 04, 2020

Matter of Razzano v. New York State Dept. of Corr. & Community Supervision

James Razzano, a correction officer, suffered a left shoulder injury and was paid full wages by his employer during his absence. After a Workers' Compensation Law Judge (WCLJ) established his claim and awarded counsel fees, Razzano received a schedule loss of use (SLU) award. He contended that the initial counsel fee was improperly deducted from this SLU award. The Workers' Compensation Board, exercising its continuing jurisdiction, determined that the employer was entitled to full reimbursement of advanced wages without reduction for counsel fees and directed that the counsel fees be paid from Razzano's SLU award. The Appellate Division affirmed the Board's decision, finding no abuse of discretion given the Board's rational reasoning and broad discretion in determining how counsel fees are paid.

Workers' Compensation LawSchedule Loss of UseCounsel FeesEmployer ReimbursementAdvanced WagesContinuing JurisdictionAppellate DivisionWages Paid During DisabilityLien on CompensationBoard Discretion
References
1
Case No. 2020 NY Slip Op 00661
Regular Panel Decision
Jan 30, 2020

Matter of Enoch v. New York State Dept. of Corr. & Community Supervision

Claimant Robert Enoch, a correction officer, injured his right knee and received workers' compensation benefits. The employer, New York State Department of Corrections and Community Supervision, paid his wages during disability and sought reimbursement from the Workers' Compensation Board. Initially, counsel fees were designated as a lien on the employer's reimbursement credit. However, after Enoch received a schedule loss of use award, the Board modified its prior decision, ruling that the counsel fees should be paid from Enoch's schedule loss of use award instead, to avoid providing a windfall to the claimant and to ensure the employer received full reimbursement. Enoch appealed this modification. The Appellate Division, Third Department, affirmed the Board's decision, finding it a rational exercise of its continuing jurisdiction under Workers' Compensation Law § 123.

Workers' CompensationSchedule Loss of UseCounsel FeesEmployer ReimbursementAdministrative DecisionAppellate ReviewJudicial DiscretionStatutory InterpretationNY Workers' Compensation LawBoard Jurisdiction
References
21
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